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Power of Attorney

Enduring Power of Attorney

With an Enduring Power of Attorney you may appoint a person to make property or financial decisions and to sign documents on your behalf. Your Attorney will have power to operate bank accounts, make or change investments or deal with real estate on your behalf in the event that you are unable to do so. The value of the Enduring Power of Attorney is that it continues to operate should you lose capacity to manage your own affairs through illness or accident.

There are limits to an Attorney’s power to make certain decisions on your behalf. For instance, an Attorney is not empowered to make decisions regarding your medical treatment or accommodation needs under an Enduring Power of Attorney. If you wish to appoint a person to have this power you will need to prepare an Instrument of Appointment of Enduring Guardian.

Because of the powers and responsibilities pertaining to the position of an Attorney we recommend that you appoint a partner or close family member to act as your Attorney. You may appoint more than one Attorney who may act jointly (ie must sign all documents together on your behalf) or may act jointly and severally (ie one or other may sign documents on your behalf).

Registering an Enduring Power of Attorney (Tasmania Only)

A Power of Attorney must be registered with the Office of the Recorder of Titles. The Powers of Attorney Act 2000 provides that any act under an unregistered power of attorney is invalid. The Office of Recorder of Titles charges a fee of $90.50 for the registration of the Document. Full instructions for the registration of the Power of Attorney will be provided with your Document.

Limitation of Attorney's Power (Victoria only)

You are entitled to make conditions concerning how your Attorney will exercise his or her powers or give instructions for your Attorney to follow. You are not required to give any directions or to limit your Attorney's powers if you do not wish to. Our simple Enduring Power of Attorney form is prepared on the basis that no particular directions are to be provided to your Attorney. If you wish to provide instructions to your attorney please contact us.

Commencement of the Enduring Power of Attorney (Victoria only)

You may direct when the Enduring Power of Attorney is to commence. In the absence of any direction then the Enduring Power commences immediately. Our simple Enduring Power of Attorney form does not provide for a start date. If you wish to specify a start date or nominate an event upon which your Attorney is to commence acting for you please contact us.

Terminating an Enduring Power of Attorney

The right of the Attorney to act on your behalf commences on the date you sign the Power, however, you have the right to rescind a Power of Attorney by giving a Notice of Revocation of Enduring Power of Attorney writing to your Attorney and registering the notice with the Recorder of Titles. Powers of Attorney may be terminated by order of the Guardianship and Administration Board.

To prepare a Notice of Revocation of Enduring Power of Attorney you will need to have a copy of your original document and the registration number (if registered).

Preparing and Signing your Document

We will prepare your Power of Attorney document immediately upon receiving you instructions. At your option, we will send the document to you by regular post or by email in a PDF format so that you can print it directly from your computer. We will also provide you with simple signing instructions and suggestions for storage for you convenience.

Get Adobe Reader For those of you who are not familiar with PDF documents, Portable Document Format (PDF) files can be read and printed in a high quality on any computer (Windows, Mac, Linux, etc). All you need is a PDF Reader application. We recommend the Adobe Acrobat Reader (free to use).

The cost of the Enduring Power of Attorney or Revocation of Enduring Power of Attorney is $44.00 inclusive of GST. You will have a number of payment options including credit card (Visa, Bankcard or Mastercard), cheque or money order or by a direct transfer of funds to our account. Your Document will be delivered to you upon receipt of your payment.

The production of the document is guaranteed. If an amendment is required due to any fault on part Cann Legal, a fresh document will be prepared without charge.

You may choose one of two Power of Attorney documents:-

  1. General Enduring Power of Attorney
  2. Notice of Revocation of General Enduring Power of Attorney

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